JJUA55117U  Advanced EU Constitutional Law

Volume 2017/2018
Content

The course will give the students with an interest in the EU an opportunity explore a selection of topics, which are both fundamental (timeless) and timely.
More specifically, the main objectives of the course are


1. To provide the students with a general overview of European constitutional legal framework, including the key concepts, principles and institutions. We will analyse the concepts and principles of supremacy, proportionality, conferred powers, (horizontal) direct effect, institutional balance and the role of EU institutions in the integration and constitutionalization process.

2. The students will be encouraged to question the established narratives of constitutionalization through law and critically examine the arguments of the Court, pertaining to the autonomy and effectiveness of the EU legal order.

3. The course will address current constitutional challenges, such as the impact of the Euro crisis on the democratic processes, the accession of the EU to the European Convention of Human Rights, the challenges facing the EU in the current refugee crisis and Brexit. The course will offer the students a broad understanding of the European constitutional order, and explain the process of integration and constitutionalization through the interaction between the legal structure and political processes, principles and practice, and the relationship between the major European legal actors, such as the Commission, the Court of Justice and national courts.

Learning Outcome

The course will balance the theory of European Constitutionalism with the analysis of the case law of the Court. The students will be able to:

1. Define the key concepts of the European constitutional structure, processes and effects, such as institutional balance (power sharing), subsidiarity and implied powers.

2. Analyse the interplay between law and politics in the making of the Constitution of Europe (the political process in terms of Treaty changes and the judicial constitution of Europe) and rethink critically the role of the founding cases of the EU.

3. Evaluate the arguments of the Court of Justice of the European Union, for instance those pertaining to the nature of the European Legal order, its autonomy and primacy with regard to the legal systems of the Member States and the international legal order.

4. Discuss past and current problems of the European institutional setup, such as the problem of legitimacy and the postulated democratic deficit in the light of the present day events such as the Euro, the refugee crises and Brexit

5. Question and theorize the relationship between different legal orders (the EU legal order, international legal order and national legal systems

6. Formulate a legal argument on the constitutional and institutional rules discussed in class and argue in a coherent and concise fashion that is linguistically correct

Max. 750 pages consisting of selected articles, book chapters and relevant case-law

Since the course is taught in English the students must have good English skills. They must also have basic knowledge of EU Law and Constitutional Law. To foreign students, who are not familiar with EU law, we recommend to follow the Introduction to EU law, which is offered in parallel.
In class, we expect active participation and dialogue. Students should generally come to class prepared, having read the materials and outlined the main arguments, problems and issues, which the reading materials raised. Teaching and learning activities will include:
• Short student presentations in each session of the case-law of the Court of Justice or of journal articles
• Peer instruction, especially after presentations
• Group work, and peer-discussion
• Role play
• “Mind-map” drawing in order to systematize the materials discussed in class
• 10-min nonstop writing exercise to clear possible misunderstandings after individual lectures,summarize the main points of the lecture and discuss them with peers or/and lecturer
• Outline of an essay, in bullet points, to practice the structure of the legal argument
• Case study and inductive learning (hypothetical cases)
Oral
Individual
Collective
Continuous feedback during the course of the semester
Peer feedback (Students give each other feedback)
Credit
15 ECTS
Type of assessment
Oral examination, 20 minutes
Oral exam based on synopsis, 20 minutes
Exam registration requirements

In order to attend the oral examination, it is a prerequisite to hand in the synopsis before the specified deadline.
The deadline is agreed upon with the course lecturer.

Marking scale
7-point grading scale
Censorship form
External censorship
Exam period

Week 2, 2018 - Wednesday, Thursday, Friday

Re-exam

Week 7, 2018 - Wednesday, Thursday, Friday

  • Category
  • Hours
  • Seminar
  • 56
  • Preparation
  • 356,5
  • Total
  • 412,5